Unionist Johnston jailed after Crown appeal

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Union leader Craig Johnston will spend the next nine
months behind bars as the Supreme Court of Appeal yesterday sentenced him
to two years and nine months' jail.

Three appeal court judges yesterday
upheld an appeal by the Office of Public Prosecutions against Johnston's
suspended 12-month sentence imposed earlier this year. Two years of his
new sentence will be suspended for 30 months.

Johnston, the former
secretary of the powerful Australian Manufacturing Workers Union, pleaded
guilty to two counts of affray, one of assault and one of intentionally
and unlawfully damaging property.

The charges related to violent
invasions of two workplaces - Johnson Tiles and Skilled Engineering - on
June 15, 2001.

The appeal court judgement described Johnston as one of
the ringleaders of the invasions, which caused shock, fear and terror to
innocent employees. The judgement compared Johnston's actions, in wearing
a balaclava, to that of an armed robber.

Johnston's solicitor, Rob
Stary, said his client was likely to seek leave to appeal to the High
Court against his sentence. Mr Stary said he would also consider seeking
bail for Johnston, 47.

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Construction, Forestry, Mining and Energy Union
secretary Martin Kingham, Electrical Trades Union secretary Dean Mighell
and textiles union secretary Michele O'Neil expressed "total disgust" at
the decision, saying Johnston had been made a scapegoat because he was a
high-profile unionist: "We will be waiting there at the gates when he
comes out," they said.

Outside court, AMWU assistant state secretary
Steve Dargavel, who belongs to Workers First, a faction headed by
Johnston, described the sentence as disgraceful. "It's a rich man's law
and a rich man's court," he said. Meanwhile, ACTU president Sharan Burrow
and AMWU national president Julius Roe refused to comment, saying only
that the union movement opposed the use of violence in industrial
disputes.

Justice William Ormiston said the offences grew out of an
industrial dispute over 80 workers being made redundant and replaced by
Skilled Engineering staff.

He said there could be no doubt the
intention was to strike fear and terror into the hearts and minds of the
Skilled Engineering employees working at Johnson Tiles.

Justice
Ormiston compared the invaders' use of balaclavas at Johnson Tiles with
the actions of common criminals, like armed robbers. He said the
balaclavas were arguably used to avoid identification, but Johnston must
have known they would heighten a feeling of apprehension.At Skilled
Engineering in Box Hill, staff were left in "stunned amazement" as
furniture was upended, computers thrown to the floor and glass doors or
partitions broken.

"These were no idle, casual, impetuous acts, nor
were they to be explained by any event or illness, save that (Johnston)
perceived them to be part of his union's dispute with Skilled
Engineering," Justice Ormiston said.

Johnston turned and acknowledged
his supporters in the crowded courtroom as he was led away to custody.

Later, they cheered and patted the prison van that took him from the
court building, calling: "Go Craig; You're a hero, mate" and "Get those
prisons organised."